ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 31, 2012 No. 716

About approval of Rules of forming of reserve of assigned amount and reserve of amount of quotas of the national plan of distribution of quotas for emissions of greenhouse gases

For the purpose of implementation of the subitem 9) of article 16 of the Ecological code of the Republic of Kazakhstan of January 9, 2007 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of forming of reserve of assigned amount and reserve of amount of quotas of the national plan of distribution of quotas for emissions of greenhouse gases.

2. This resolution becomes effective after ten calendar days after the first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of May 31, 2012 No. 716

Rules of forming of reserve of assigned amount and reserve of amount of quotas of the national plan of distribution of quotas for emissions of greenhouse gases

1. General provisions

1. These rules of forming of reserve of assigned amount and reserve of amount of quotas of the national plan of distribution of quotas for emissions of greenhouse gases (further - Rules) are developed according to the subitem 9) of article 16 of the Ecological code of the Republic of Kazakhstan and determine procedure for forming of reserve of assigned amount and reserve of amount of quotas of the national plan of distribution of quotas for emissions of greenhouse gases.

2. In these rules the following concepts are used:

1) assigned amount - the total amount of emissions of greenhouse gases taking into account absorption of the greenhouse gases determined within obligations by international treaties of the Republic of Kazakhstan;

2) assigned amount unit - the carbon unit used for scoping of emissions of greenhouse gases for the Republic of Kazakhstan according to international treaties of the Republic of Kazakhstan in the field of climate change;

3) reserve of assigned amount - the amount of assigned amount units created by authorized body in the field of environmental protection necessary for the purposes of implementation of the scheme of ecological (green) investments;

4) the operator of the state register of carbon units - the organization performing maintaining the state register of carbon units of the Republic of Kazakhstan;

5) the total amount of quotas for emissions of greenhouse gases - the size established by the national plan of distribution of quotas for emissions of greenhouse gases and determining the total amount of quotas for emissions of greenhouse gases which is planned to be distributed during its action;

6) reserve of amount of quotas of the national plan of distribution of quotas for emissions of greenhouse gases - the amount of quotas for emissions of greenhouse gases intended for distribution of quotas for emissions of greenhouse gases in addition to the distribution of such quotas on users of nature and installations provided at the time of approval of the national plan of distribution of quotas for emissions of greenhouse gases for the corresponding period.

3. Forming of reserve of amount of quotas is performed for covering of needs of users of nature for quotas for emissions of greenhouse gases on the following categories of the new and expanded installations:

1) installations which are put into operation during action of the national plan of distribution of quotas for emissions of greenhouse gases, but were not considered at the time of its approval, in the priority sectors of economy determined by the Government of the Republic of Kazakhstan;

Installations, expansion or increase in capacity of which during action of the national plan of distribution of quotas for emissions of greenhouse gases lead 2) to annual increase in amount of emissions of greenhouse gases.

2. Procedure for forming of reserve of assigned amount

4. The authorized body in the field of environmental protection makes the decision on forming of reserve of assigned amount.

5. In the decision of authorized body in the field of environmental protection about forming of reserve of assigned amount its amount (quantity of carbon units), and also the requirement to the operator of the state register of carbon units about release of carbon units of reserve of assigned amount are specified.

6. The reserve of assigned amount is created for action of the national plan of distribution of quotas for emissions of greenhouse gases.

7. The reserve of assigned amount created by authorized body in the field of environmental protection is transferred to the control the subordinated organization of authorized body in the field of environmental protection.

3. Procedure for forming of reserve of amount of quotas of the national plan of distribution of quotas for emissions of greenhouse gases

8. The authorized body in the field of environmental protection determines reserve of amount of quotas not later than four months before start date of effective period of the national plan of distribution of quotas for emissions of greenhouse gases.

9. Calculation of reserve of amount of quotas of the national plan of distribution of quotas for emissions of greenhouse gases is made by authorized body in the field of environmental protection on the basis of determination of share of the new and expanded installations in the total amount of quotas for emissions of greenhouse gases on average value of the predicted annual growth rate of gross domestic product for the corresponding period.

10. The authorized body in the field of environmental protection sends inquiry to the Ministry of national economy of the Republic of Kazakhstan for receipt of indicators of annual growth rate of gross domestic product by all years of the period of action of the national plan of distribution of quotas for emissions of greenhouse gases.

11. By preparation and the subsequent representation by authorized body in the field of environmental protection of the draft of the national plan of distribution of quotas for emissions of greenhouse gases in the Government of the Republic of Kazakhstan the reserve of amount of quotas is allocated for approval from the total amount of quotas for emissions of greenhouse gases and it is specified with the description of the main approaches used for its determination.

12. After 30 calendar days after approval of the national plan of distribution of quotas for emissions of greenhouse gases by the operator of the state register of carbon units release of quantity of units of quotas from reserve of amount of quotas of the national plan of distribution of quotas for emissions of greenhouse gases into the special account is performed.

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